Bernhard v. State Farm Mut. Auto. Ins. Co.

In Re: State Farm Fire and Casualty Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 603,128.

BEFORE: PETTIGREW, MCDONALD, AND McCLENDON, JJ.

WRIT GRANTED. The trial court's ruling of December 9, 2013, denying State Farm Fire and Casualty Company's motion for summary judgment hereby is reversed and judgment is entered granting its motion. Because plaintiff, Mary Ann Bernhard, was a pedestrian and not operating an automobile or mobile equipment covered by the State Farm Fire and Casualty Company policy when the accident occurred, she is not an insured for automobile liability purposes and thus, not entitled to UM coverage under the policy issued to Shadowbrook Homeowners Association.

JTP JMM PMc

COURT OF APPEAL, FIRST CIRCUIT __________

DEPUTY CLERK OF COURT

FOR THE COURT